ML19329B324
| ML19329B324 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 11/25/2019 |
| From: | Lampert M Pilgrim Watch |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-293-LT, 72-1044-LT, License Transfer, RAS 55425 | |
| Download: ML19329B324 (16) | |
Text
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket Nos. 50-293 & 72-1044 LT Entergy Corporation Pilgrim Nuclear Power Station License Transfer Agreement Application PILGRIM WATCH MOTION TO SUPPLEMENT ITS FEBRUARY 20, 2019 MOTION TO INTERVENE AND REQUEST FOR HEARING, ITS APRIL 1, 2019 REPLY TO PETITIONERS, AND ITS MAY 3, 2019 MOTION TO SUPPLEMENT Pursuant to 10 C.F.R. § 2.323, Pilgrim Watch moves further to supplement its Motion to Intervene and Request for Hearing filed February 20, 2019, its Reply to Petitioners filed April 1, 2019, and its Motion to Supplement filed May 3, 2019 with new and significant information regarding Holtecs delay in work schedule. The new and significant information upon which this motion is based is dated November 14, 2019, and this motion is filed within the period after the occurrence or circumstance from which the motion arises required by 10.C.F.R §§ 2.323(2) and 2.1017.
Specifically, Pilgrim Watch asks to supplement the record by adding a slide presentation made by Holtec International (Holtec and Comprehensive Decommissioning International (CDI) to the Pilgrim Nuclear Decommissioning Citizens Advisory Panel (NDCAP) on November 14, 2019 (Exhibit A). For comparison and convenience, relevant extracts from the
2 Holtec Decommissioning International PSDAR and Decommissioning Cost Estimate filed with the NRC on November 16, 2018 are attached as Exhibit B.1 Contention 1 of Pilgrim Watchs Motion to Intervene to Intervene says:
The Applicants LTA does not provide the required financial assurance. It does not show that either HDI or Holtec Pilgrim is financially responsible, or that either has or has access to adequate funds for decommissioning. Neither does the LTA provide any reasonable assurance that Holtec Pilgrim and HDI have, or will have, the financial resources required to deal with environmental impacts that would place the public health, safety, and the environment at risk.
Pilgrim Watchs Motion to Intervene lists many reasons that the LTA does not provide the required financial assurance, including that Holtec fails adequately to consider delays in the work schedule leading to increased costs for overhead and project management. (Motion to Intervene, pp.
21, 63). Time is money.
This supplement provides additional facts that support Contention 1. In particular, Holtecs and CDIs recent Presentation shows that their planned decommissioning already has both slipped at least 2-3 years, and once decommissioning begins, has increased in duration.2 For the convenience of the Commission and Atomic Safety Licensing Board, we have set out below Figure 3-1 PNPS Decommissioning Schedule slide 4 from page 17 of Holtecs November 16, 2018 PSDAR and slide 4 from Holtecs and CDIs November 14, 2019 (almost exactly one year later) Presentation.
1 Holtecs November 16, 2018 PSDAR is already part of the record. See Pilgrim Watchs and the Commonwealths Motions to Intervene, Applicants responses to these Motions, and Pilgrim Watchs and the Commonwealths Replies to Applicants Response.
2 As the Commission and Atomic Safety Licensing Board know, Holtecs stated plan is to have CDI (a joint venture of Holtec International and SNC-Lavalin) perform the decommissioning work.
3 November 16, 2018 PSDAR Figure 3-1 PNPS Decommissioning Schedule
4 November 14, 2019 NDCAP Presentation Slide 4
5 As these documents show, Holtec and CDI are already experiencing a delay in their decommissioning scheduling. For example, the demolition of out buildings is now projected to end 2026 rather than in 2024, site restoration is in 2027 rather than 2024, and the final status survey is in 2026-27 rather than in 2024. Holtec and CDI also now expect that it will take longer than originally predicted to accomplish various aspects of decommissioning, e.g., demolition is expected to take 7 years rather the 4 1/2 - 5, the lengths of time required for reactor segmentation and site restoration have doubled, and reactor segmentation will take 4 rather than about 2 years.
This new information shows that decommissioning activities will start later and last longer than Holtecs 2018 PSDAR assumed and is material to the outcome of this proceeding. The changes in the timing and duration of decommissioning plainly impact on whether the current licensees (Holtec-Pilgrim and Holtec Decommissioning International are financially responsible, whether either has or has access to adequate funds, 3 and whether the license transfer application 3 Holtec Pilgrim and HDI are limited liability corporations, and their only source of funds for decommissioning is Pilgrims existing decommissioning trust fund. (Pilgrim Watch Petition to Intervene and Hearing Request (Pilgrim Watch Petition), pp. 16-19); Pilgrim Watch Motion Under C.F.R §2.323 To Stay Staff Order of August 22, 2019 Granting Exemption (Pilgrim Watch Motion to Stay), pp.6-8).
Their parent company, Holtec International, has isolated itself from financial responsibility (Pilgrim Watch Motion to Stay, p. 7) and has refused either to provide a parental company guarantee or to agree to use any spent fuel management costs recovered from DOE to replenish the DTF. (Pilgrim Watch Petition, pp. 17-18); Pilgrim Watch Motion to Stay, pp. 6-7, 29).
The NRC does not have the authority to require a parent company to pay for the decommissioning expenses of its subsidiary-licensee, except to the extent the parent may voluntarily agree to do so. (Questions and Answers on Decommissioning Financial Assurance, ML111950031; Pilgrim Watch Motion to Stay, pp, 7, 19-20); Pilgrim Watch Reply to Applicants Answer Opposing Pilgrim Watch Petition for Leave to Intervene and Hearing Request (Pilgrim Watch Petition Reply), pp. 4-7).
Pilgrim Watch and the Commonwealth of Massachusetts have already shown that that the DTF does not provide the necessary funds, particularly in view of the NRCs decision to allow about half of it to be spent on costs that do not meet the NRCs definition of decommissioning. See, e.g., Pilgrim Watch Petition, pp 19-82; Pilgrim Watch Petition Reply, pp. 7-17; Pilgrim Watch Motion to Stay, pp. 8-29); Co; Commonwealth of Massachusetts Petition for Leave to Intervene and Hearing Request, pp. 2-3, 15-33.
6 should be granted or denied. In the Matter of Dominion Nuclear Connecticut, Inc., ASLBP No.
04-824-01-LR July 28, 2004, p. 7. At hearing, Pilgrim Watch will demonstrate the additional deficiencies in Holtecs PSDAR and DCE and that these new facts provide further evidence that Holtec has not proved the required financial assurance.
This Motion is timely. The new information became available on November 14, 2019.
Pursuant to 10 C.F.R §§ 2., this Motion is being filed on Monday November 25, 2919 as required by 10.C.F.R §§ 2.323(2) and 2.1017.
Pilgrim Watch conferred with the Applicants on November 25, 2019. Counsel for the Applicants indicated that they oppose this Motion. Pilgrim Watch also conferred with the Commonwealth. The Commonwealth replied that it supports Pilgrim Watchs motion.
Pilgrim Watch requests that the Commission grant this Motion and consider this new information in connection with its consideration of the Pilgrim Watchs pending Petition and Reply.
Date: November 25, 2019 Signed (electronically) by Mary Lampert Pilgrim Watch, director 148 Washington Street Duxbury, MA 02332 Tel. 781.934.0389 Email: mary.lampert@comcast.net James Lampert 148 Washington Street Duxbury, MA 02332 Tel. 781.934.0389 Email: james.lampert@comcast.net
7 Exhibit A Slide Presentation, Holtec International (Holtec and Comprehensive Decommissioning International (CDI) to the Pilgrim Nuclear Decommissioning Citizens Advisory Panel (NDCAP), November 14, 2019
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13 Exhibit B Extracts from Holtec Decommissioning International PSDAR, and DECON Site-Specific Decommissioning Cost Estimate Both filed November 16, 2018
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15 Pilgrim Nuclear Power Station DECON Site-Specific Decommissioning Cost Estimate Table 2-1 Decommissioning Periods and WBS Elements Period WBS Element Start and End Dates1
- 1. Pre-Decommissioning Planning and Preparation 01.02.01 Pre-decommissioning actions 5/7/2018 - 12/15/2020
- 2. Plant Deactivation 01.02.02 Facility Shutdown Activities 5/31/2019 - 11/26/2021
- 3. Safe Storage Operations 01.02.10 Fuel and Nuclear Material 9/23/2018 - 11/26/2021
- 4. Dismantlement 01.02.04 Dismantling Activities Within the Radiological Controlled Area 9/23/2018 - 1/28/2025 01.02.05 Waste Processing, Storage and Disposal 3/4/2019 - 1/27/2025 01.02.07 Conventional Dismantling, Demolition, and Site Restoration 9/23/2018 - 3/5/2025
- 5. Ongoing ISFSI Operations 01.02.10 Fuel and Nuclear Material 11/26/2021 - 9/7/2063 Program Management 01.02.06 Site Infrastructure and Operation 5/31/2019 - 1/27/2025 01.02.08 Project Management, Engineering and Support 9/23/2018 - 1/27/2025 01.02.11 Miscellaneous Expenditures 8/1/2019 - 1/27/2025
16 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No. 50-293 & 72-1044 LT Entergy Corporation Pilgrim Nuclear Power Station License Transfer Agreement Application CERTIFICATION OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that copies of Pilgrim Watchs Motion to Supplement Its Motion to Intervene and Request for Hearing has been served upon the Electronic Information Exchange, the NRCs e-filing system, in the above-captioned proceeding, on November 25, 2019.
Date: November 25, 2019 Signed (electronically) by Mary Lampert Pilgrim Watch, director 148 Washington Street Duxbury, MA 02332 Tel. 781.934.0389 Email: mary.lampert@comcast.net